Proceedings Under The A&C Act And SARFAESI Act Can Be Resorted To Simultaneously: Rajasthan High Court Reiterates The Legal Position

The High Court of Rajasthan has held that proceedings under the A&C Act and SARFAESI Act can be resorted to simultaneously. The Single Bench of Justice Mahendra Kumar Goyal has held that the existence of an arbitration clause and filing of an application under Section 9 of the A&C Act is not a bar to the institution of proceedings under the SARFAESI Act. The writ...

Child Adopted Post-Retirement Can't Be Denied Family Pension: Punjab & Haryana High Court

Punjab and Haryana High Court while dealing with a petition of an adoptive daughter of a government employee, whose application for the benefit of a family pension was dismissed on the sole ground of her being adopted after her father's retirement date, held that an adoption post-retirement would not be a ground to deny the benefit of the family pension to such child. Merely because...

[Same Sex Marriage] No Violation Of Fundamental Rights, Trying To Create Unnecessary Hype: Centre Opposes Plea For Live Streaming In Delhi High Court

The Centre has opposed the live streaming of proceedings in the case concerning recognition and registration of same-sex marriages in the country before Delhi High Court by arguing that neither the matter involves violation of any fundamental right, nor is it the one relating to national importance.In the reply to the application seeking live streaming of the proceedings, the Ministry of Law...

Places Of Worship Act Not Applicable To Gyanvapi Mosque : Hindu Sena President Approaches Supreme Court Against Masjid Committee's Plea

The President of the Hindu Sena, Vishnu Gupta, has moved the Supreme Court seeking directions for dismissal of the petition filed by Anjuman Intezamia Masjid Management Committee challenging the survey ordered by a Varanasi court in the Gyanvapi mosque-Kashivishvanath temple premises.An intervention application has been filed in a special leave petition filed by the Masjid Committee...

Deferment Charges On Liquidated Damages, No Liability To Pay When Liquidated Damages Itself Not Payable : Delhi High Court

The High Court of Delhi has held that there would be no question of recovery of deferment charges on the liquidated damages when the liquidated damages are themselves not payable. The Single Bench of Justice Vibhu Bakhru has held that deferment charges cannot be treated as separate charges payable irrespective of whether the liquidated damages are payable or not. The Court held...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise [May 2 to May 8]

Advocate - Senior Advocate Designation - Instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of the person at the Bar, that is to say, one mark each shall be allocated for every year of practice between ten to twenty years. Indira Jaising v. Supreme Court of India, 2022 LiveLaw...

Challenge By NHAI On Fee Fixation By Arbitral Tribunal, Delhi High Court Holds That Tribunal Can Fix Its Fees

The Delhi High Court has ruled that the Arbitral Tribunal is permitted to fix its fee, if its appointment is made by way of an ad hoc agreement between the parties. The Single Bench of Justice Sanjeev Narula held that where the Arbitral Tribunal has accepted its appointment outside the mandate of the International Centre for Alternative Dispute Resolution (ICADR), it is entitled...

Madhya Pradesh High Court Weekly Round Up: May 9 To May 15, 2022

NOMINAL INDEX Shyam Kumar Singh v. State of Madhya Pradesh Meghna Agarwal Vs. Anurag Bagadiya and another State of Madhya Pradesh v. Golu Dr. (Mrs.) Neena V. Patel v. State of Madhya Pradesh & Ors Lallu @ Krishnabhhan Vs The State Of Madhya Pradesh And Others Prakash Singh and Nandita Singh v. State of MP and anr Pappu v. The state of madhya...

Delhi High Court Directs Centre To Give Copy Of Blocking Order & Post Decisional Hearing To Owner Of 'Dowry Calculator' Website

The Delhi High Court has directed the Centre to give copy of the original blocking order as well as a post decisional hearing to Tanul Thakur, owner and creator of the website 'Dowry Calculator' which was blocked by Ministry of Electronics and Information Technology (MeitY) in September 2018.A division bench comprising of Justice Manmohan and Justice Dinesh Kumar Sharma directed the...

Women On The Bench : Madras HC Leads With 13 Women Judges, Followed By Delhi & Telangana; 5 HCs Have No Women Representation

With the Supreme Court Collegium making its recommendations for judicial appointments in several High Courts recently, the skewed gender ratio in the Indian judiciary has once again come under scrutiny. A couple of years ago, the India Justice Report had uncovered a rather dismal picture of the same, calling out the 'highly inadequate' representation of women, particularly in the higher judiciary than in subordinate ones.Since the Collegium notified certain proposals for judicial...

Convicting Accused Persons After 36 Yrs Would Disturb Balance Of Convenience & Result In More Injustice: Calcutta High Court

The Calcutta High Court on Friday set aside an order of acquittal in connection with a criminal case under Sections 147/380/427 of the IPC (punishment for rioting, theft in dwelling house, mischief causing damage). However, Justice Moushumi Bhattacharya was of the view that passing an order of conviction, after a gap of 36 years since the charges were framed, would disturb the balance...

'Comply With Principles Of Natural Justice': Calcutta High Court Sets Aside Order Of Land Acquisition For Laying Gas Pipeline

The Calcutta High Court on Friday set aside a notification issued by the concerned authority under Section 3(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in land) Act, 1962 (Act) for laying a Gas Pipeline below the surface in between the Barauni and Guwahati on the ground of violation of principles of natural justice. Justice Saugata Bhattacharyya was adjudicating...